1 | 1 | | 2009S0658-1 03/10/09 |
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2 | 2 | | By: Carona S.B. No. 1978 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to requirements regarding employer liability for certain |
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8 | 8 | | group health benefit plan premiums. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 843.210, Insurance Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 843.210. TERMS OF ENROLLEE ELIGIBILITY. (a) A |
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13 | 13 | | contract between a health maintenance organization and a group |
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14 | 14 | | contract holder must provide that: |
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15 | 15 | | (1) in addition to any other premiums for which the |
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16 | 16 | | group contract holder is liable, the group contract holder is |
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17 | 17 | | liable for an enrollee's premiums from the time the enrollee is no |
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18 | 18 | | longer part of the group eligible for coverage under the contract |
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19 | 19 | | until the end of the month in which the contract holder notifies the |
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20 | 20 | | health maintenance organization that the enrollee is no longer part |
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21 | 21 | | of the group eligible for coverage by the contract; and |
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22 | 22 | | (2) the enrollee remains covered by the contract until |
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23 | 23 | | the end of that period. |
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24 | 24 | | (b) A health maintenance organization shall refund premiums |
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25 | 25 | | paid by a group contract holder on behalf of an enrollee, from the |
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26 | 26 | | end of the month during which the enrollee is no longer part of the |
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27 | 27 | | group eligible for coverage, provided that the enrollee did not |
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28 | 28 | | incur any claims under the contract after no longer being part of |
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29 | 29 | | the group eligible for coverage. |
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30 | 30 | | (c) The commissioner shall adopt rules as necessary to |
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31 | 31 | | implement this section. |
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32 | 32 | | SECTION 2. Section 1301.0061, Insurance Code, is amended to |
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33 | 33 | | read as follows: |
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34 | 34 | | Sec. 1301.0061. TERMS OF ENROLLEE ELIGIBILITY. (a) A |
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35 | 35 | | contract between an insurer and a group policyholder under a |
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36 | 36 | | preferred provider benefit plan must provide that: |
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37 | 37 | | (1) in addition to any other premiums for which the |
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38 | 38 | | group policyholder is liable, the group policyholder is liable for |
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39 | 39 | | an individual insured's premiums from the time the individual is no |
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40 | 40 | | longer part of the group eligible for coverage under the policy |
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41 | 41 | | until the end of the month in which the policyholder notifies the |
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42 | 42 | | insurer that the individual is no longer part of the group eligible |
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43 | 43 | | for coverage under the policy; and |
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44 | 44 | | (2) the individual remains covered under the policy |
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45 | 45 | | until the end of that period. |
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46 | 46 | | (b) An insurer shall refund premiums paid by a group |
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47 | 47 | | policyholder on behalf of an individual, from the end of the month |
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48 | 48 | | during which the individual is no longer part of the group eligible |
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49 | 49 | | for coverage, provided that the individual did not incur any claims |
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50 | 50 | | under the policy after no longer being part of the group eligible |
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51 | 51 | | for coverage. |
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52 | 52 | | (c) The commissioner shall adopt rules as necessary to |
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53 | 53 | | implement this section. |
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54 | 54 | | SECTION 3. The change in law made by this Act applies only |
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55 | 55 | | to a contract between an insurer or health maintenance organization |
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56 | 56 | | and a group policy or contract holder that is entered into or |
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57 | 57 | | renewed on or after January 1, 2010. A contract entered into or |
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58 | 58 | | renewed before January 1, 2010, is governed by the law in effect |
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59 | 59 | | immediately before the effective date of this Act, and that law is |
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60 | 60 | | continued in effect for that purpose. |
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61 | 61 | | SECTION 4. This Act takes effect September 1, 2009. |
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